Browse Arkansas Code titles and sections
15 U.S.C. § 2103 — Enforcement by Federal Trade Commis-
Federal law — U.S. Code and appendices · legal_authorities
Page 1777
TITLE 15—COMMERCE AND TRADE
§ 2105
Subsec. (d). Pub. L. 113–288, § 2(1)(B), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 113–288, § 2(1)(B), (C), redesignated
subsec. (d) as (e) and substituted ‘‘(b), and (d)’’ for ‘‘and
(b)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 93–167, § 8, Nov. 29, 1973, 87 Stat. 687, provided
that: ‘‘This Act [enacting this chapter] shall apply only
to imitation political items and imitation numismatic
items manufactured after the date of enactment of this
Act [Nov. 29, 1973].’’
SHORT TITLE OF 2014 AMENDMENT
Pub. L. 113–288, § 1, Dec. 19, 2014, 128 Stat. 3281, pro-
vided that: ‘‘This Act [amending this section and sec-
tions 2102 and 2106 of this title] may be cited as the
‘Collectible Coin Protection Act’.’’
SHORT TITLE
Pub. L. 93–167, § 1, Nov. 29, 1973, 87 Stat. 686, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Hobby Protection Act’.’’
§ 2102. Private enforcement
(a) In general
If any person violates section 2101(a) or (b) of
this title or a rule under section 2101(c) of this
title, any interested person may commence a
civil action for injunctive relief restraining such
violation, and for damages, in any United States
District Court for a district in which the defend-
ant resides, has an agent, transacts business, or
wherever venue is proper under section 1391 of
title 28. In any such action, the court may award
the costs of the suit, including reasonable attor-
neys’ fees.
(b) Trademark violations
If the violation of section 2101(a) or (b) of this
title or a rule under section 2101(c) of this title
also involves unauthorized use of registered
trademarks belonging to a collectibles certifi-
cation service, the owner of suc
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2103
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 08d91307c4cd6ebf6807ae7e7dff1c132064626c2eb76c0c6587e282db376094. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-5b55a3656f8d95f63c5a7ffb
Source file: Laws/federal/codes/united-states-code-2024/title-15/section-2103-enforcement-by-federal-trade-commis--7bbec8bb3b.md
Pages: Not recorded – Not recorded
Passage SHA-256: 312d434c8af99539c45fb4a74b4c8c3e7d8da6e22f248cc109eba77b8f78c41d
Source location: USCODE-2024-title15-chap48-sec2103.pdf
Stored source content
Page 1777
TITLE 15—COMMERCE AND TRADE
§ 2105
Subsec. (d). Pub. L. 113–288, § 2(1)(B), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 113–288, § 2(1)(B), (C), redesignated
subsec. (d) as (e) and substituted ‘‘(b), and (d)’’ for ‘‘and
(b)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 93–167, § 8, Nov. 29, 1973, 87 Stat. 687, provided
that: ‘‘This Act [enacting this chapter] shall apply only
to imitation political items and imitation numismatic
items manufactured after the date of enactment of this
Act [Nov. 29, 1973].’’
SHORT TITLE OF 2014 AMENDMENT
Pub. L. 113–288, § 1, Dec. 19, 2014, 128 Stat. 3281, pro-
vided that: ‘‘This Act [amending this section and sec-
tions 2102 and 2106 of this title] may be cited as the
‘Collectible Coin Protection Act’.’’
SHORT TITLE
Pub. L. 93–167, § 1, Nov. 29, 1973, 87 Stat. 686, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Hobby Protection Act’.’’
§ 2102. Private enforcement
(a) In general
If any person violates section 2101(a) or (b) of
this title or a rule under section 2101(c) of this
title, any interested person may commence a
civil action for injunctive relief restraining such
violation, and for damages, in any United States
District Court for a district in which the defend-
ant resides, has an agent, transacts business, or
wherever venue is proper under section 1391 of
title 28. In any such action, the court may award
the costs of the suit, including reasonable attor-
neys’ fees.
(b) Trademark violations
If the violation of section 2101(a) or (b) of this
title or a rule under section 2101(c) of this title
also involves unauthorized use of registered
trademarks belonging to a collectibles certifi-
cation service, the owner of such trademarks
shall have, in addition to the remedies provided
in subsection (a), all rights provided under sec-
tions 34, 35, and 36 of the Trademark Act of 1946
(15 U.S.C. 1116, 1117, and 1118) for violations of
such Act.
(Pub. L. 93–167, § 3, Nov. 29, 1973, 87 Stat. 686;
Pub. L. 113–288, § 2(2), Dec. 19, 2014, 128 Stat.
3281.)
Editorial Notes
REFERENCES IN TEXT
The Trademark Act of 1946, referred to in subsec. (b),
is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly
known as the Lanham Act, which is classified generally
to chapter 22 (§ 1051 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 1051 of this title and Tables.
AMENDMENTS
2014—Pub. L. 113–288 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘, has an
agent, transacts business, or wherever venue is proper
under section 1391 of title 28’’ for ‘‘or has an agent’’,
and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable only to imitation political items
and imitation numismatic items manufactured after
Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as
a note under section 2101 of this title.
§ 2103. Enforcement by Federal Trade Commis-
sion
(a) Statutory authority
Except as provided in section 2102 of this title,
this chapter shall be enforced by the Federal
Trade Commission under the Federal Trade
Commission Act [15 U.S.C. 41 et seq.].
(b) Incorporation of Federal Trade Commission
Act provisions
The Commission shall prevent any person
from violating the provisions of this chapter in
the same manner, by the same means, and with
the same jurisdiction, powers, and duties as
though all applicable terms and provisions of
the Federal Trade Commission Act [15 U.S.C. 41
et seq.] were incorporated into and made a part
of this chapter; and any such person violating
the provisions of this chapter shall be subject to
the penalties and entitled to the privileges and
immunities provided in said Federal Trade Com-
mission Act, in the same manner, by the same
means, and with the same jurisdiction, powers,
and duties as though the applicable terms and
provisions of the said Federal Trade Commission
Act were incorporated into and made a part of
this chapter.
(Pub. L. 93–167, § 4, Nov. 29, 1973, 87 Stat. 686.)
Editorial Notes
REFERENCES IN TEXT
The Federal Trade Commission Act, referred to in
text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is
classified generally to subchapter I (§ 41 et seq.) of
chapter 2 of this title. For complete classification of
this Act to the Code, see section 58 of this title and Ta-
bles.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable only to imitation political items
and imitation numismatic items manufactured after
Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as
a note under section 2101 of this title.
§ 2104. Imports
Any item imported into the United States in
violation of section 2101(a) or (b) of this title or
regulations under section 2101(c) of this title
shall be subject to seizure and forfeiture under
the customs laws.
(Pub. L. 93–167, § 5, Nov. 29, 1973, 87 Stat. 687.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable only to imitation political items
and imitation numismatic items manufactured after
Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as
a note under section 2101 of this title.
§ 2105. Application of other laws
The provisions of this chapter are in addition
to, and not in substitution for or limitation of,
the provisions of any other law of the United
States or of the law of any State.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction; service** The several courts vested with jurisdiction of civil actions arising under this chapter shall have power to grant injunctions, according to the principles of equity and upon such terms as the court may deem reasonable, to prevent the violation of any right of the registrant of a mark registered in the Patent and Trademark Office or to prevent a violation under subsection (a), (c), or (d) of [section 1125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125&num=0&edition=prelim). A plaintiff seeking any such injunction shall be entitled to a rebuttable presumption of irreparable harm upon a finding of a violation identified in this subsection in the case of a motion for a permanent injunction or upon a finding of likelihood of success on the merits for a violation identified in this subsection in the case of a motion for a preliminary injunction or temporary restraining order. Any such injunction may include a provision directing the defendant to file with the court and serve on the plaintiff within thirty days after the service on the defendant of such injunction, or such extended period as the court may direct, a report in writing under oath setting forth in detail the manner and form in which the defendant has complied with the injunction. Any such injunction granted upon hearing, after notice to the defendant, by any district court of the United States, may be served on the parties against whom such injunction is granted anywhere in the United States where they may be found, and shall be operative and may be enforced by proceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other United States district court in whose jurisdiction the defend
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1116
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 1116. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1314
TITLE 15—COMMERCE AND TRADE
§ 1116
1 So in original. Probably should be ‘‘manufacturer’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–330 effective Oct. 30, 1998,
and applicable only to any civil action filed or pro-
ceeding before the United States Patent and Trade-
mark Office commenced on or after such date relating
to the registration of a mark, see section 201(b) of Pub.
L. 105–330, set out as a note under section 1051 of this
title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–667 effective one year
after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set
out as a note under section 1051 of this title.
REPEAL AND EFFECT ON EXISTING RIGHTS
Repeal of inconsistent provisions, effect of this chap-
ter on pending proceedings and existing registrations
and rights under prior acts, see notes set out under sec-
tion 1051 of this title.
§ 1116. Injunctive relief
(a) Jurisdiction; service
The several courts vested with jurisdiction of
civil actions arising under this chapter shall
have power to grant injunctions, according to
the principles of equity and upon such terms as
the court may deem reasonable, to prevent the
violation of any right of the registrant of a
mark registered in the Patent and Trademark
Office or to prevent a violation under subsection
(a), (c), or (d) of section 1125 of this title. A
plaintiff seeking any such injunction shall be
entitled to a rebuttable presumption of irrep-
arable harm upon a finding of a violation identi-
fied in this subsection in the case of a motion
for a permanent injunction or upon a finding of
likelihood of success on the merits for a viola-
tion identified in this subsection in the case of
a motion for a preliminary
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1116
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 1116. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Statutory authority** Except as provided in [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2102&num=0&edition=prelim), this chapter shall be enforced by the Federal Trade Commission under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.].
**(b) Incorporation of Federal Trade Commission Act provisions** The Commission shall prevent any person from violating the provisions of this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] were incorporated into and made a part of this chapter; and any such person violating the provisions of this chapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2103
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 41
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 41. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 48
TITLE 15—COMMERCE AND TRADE
§ 41
1 So in original.
Sec.
74.
Rules and regulations.
75.
Retaliation against country prohibiting im-
portations.
76.
Retaliation against restriction of importa-
tions in time of war.
77.
Discrimination against neutral Americans in
time of war.
SUBCHAPTER I—FEDERAL TRADE
COMMISSION
§ 41. Federal Trade Commission established;
membership; vacancies; seal
A commission is created and established, to be
known as the Federal Trade Commission (here-
inafter referred to as the Commission), which
shall be composed of five Commissioners, who
shall be appointed by the President, by and with
the advice and consent of the Senate. Not more
than three of the Commissioners shall be mem-
bers of the same political party. The first Com-
missioners appointed shall continue in office for
terms of three, four, five, six, and seven years,
respectively, from September 26, 1914, the term
of each to be designated by the President, but
their successors shall be appointed for terms of
seven years, except that any person chosen to
fill a vacancy shall be appointed only for the un-
expired term of the Commissioner whom he
shall succeed: Provided, however, That upon the
expiration of his term of office a Commissioner
shall continue to serve until his successor shall
have been appointed and shall have qualified..1
The President shall choose a chairman from the
Commission’s membership. No Commissioner
shall engage in any other business, vocation, or
employment. Any Commissioner may be re-
moved by the President for inefficiency, neglect
of duty, or malfeasance in office. A vacancy in
the Commission shall not impair the right of the
remaining Commissioners to exercise all the
powers of the Commission.
The Commission shall have a
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 41
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 41. This identifies an authority to review, not proof of applicability.